Water Management Of The Thar Desert Environmental Sciences Essay

Water Management Of The Thar Desert Environmental Sciences Essay The Thar Desert, also known at the Indian Desert is located partly in Rajasthan state, northwestern India, Punjab province, Sindh province and eastern Pakistan in Asia. (Britannica) Its precise location is between latitudes 24 ° and 28 ° north and between longitude 68 °and 71 ° east. (Irrigation) This desert is considered one of the smallest hot deserts in the world only, 77,000 square miles (200,000km ²) (Britannica) yet it has the highest human population of all deserts in the world. (Kuma) Other deserts have a population density of less than ten people per square kilometer, while Thar has a density of more than eighty people per square kilometer. (BBC) With such a large population which continues to grow, it can put a great strain on the environment and the resources it provides. One very important resource that the environment provided is water. Water is the bases for life on Earth and without it humans would not be able to survive. Not only do humans demand water direc tly, they demand it indirectly for the growth of their livestock and crops. Water management in the Thar Desert has to be constantly looked after to ensure that the supply of water will always be present. There are three main ways to get water in the Thar Desert. First, is the rainfall distribution. Second is the terrain type. Third is importing water from outside the area. (Dhir) All of the water management techniques that the Thar people use can be categorized into one of these ways. No one individual method of obtaining water is fully effective by itself. It takes a combination of many techniques to keep a water supply that can sustain the people who are using it. Some techniques rely solely on the weather conditions in a given year and can fluxuate from year to year and are not always dependable. This is why multiple techniques are used to obtain water, in case one fails there are others to fall back on. The soils in the Thar Desert does not allow for water to remain at the ground surface. The soil is made up of loose and porous sand. This allows for the rainwater to quickly be absorbed by the soil and any extra water moves straight down to the ground water reservoirs, via percolation. Unless the water is captured before it hits the soils surface or contained in something at the surface there is no way to access it without going into the ground water reservoirs. (Irrigation) Capturing rain water would be much easier if more of it came to the Thar Desert. The rainfall that is received is relatively low. In the west, the desert receives 4 inches or less of rain fall and in the east about 20 inches of rainfall. (Britannica) The amount of rainfall an area gets is dependent upon where it is located. The rain is sporadic in most parts. Up to nine-tenths of the rain received by the Thar Desert comes between June and September which is the monsoon season. (Agrican and Irrigation) Due to the fluxuation in rain, in regards to when it arrives, it causes agriculture to fluxuate with it. Before the rains arrive the land production is very poor and after the rains have arrived the land is very productive. In a sense the rainfall determines whether or not there will be an opportunity to grow crops effectively. The more rainfall means there is more availability for crop production and the less rainfall means there is less availability for crop production. After a good rainfall when the desert is full of nutrients and succulent grasses a large number of cattle from the Nara Valley in Pakistan and adjoining areas come to graze in the desert. (Irrigation) Herders also take advantage of the rainfall and move their cattle to areas where the grasses are plentiful and nutritious. When there is not a good rainfall herders must find others areas to grazer their cattle which might include irrigated areas. Other ways to make use of the monsoon rains are to cultivate patches of land that is suitable in the low ground. These low grounds are found between sand-mounds (talis, tals or dhars). When the rains are deemed adequate for cultivating crops these areas are taken advantage of. Budgeting the water can be an effective way to manage the water that is available and relate it to the potential crop production it could yield. A formula was derived consisting of four variables: the availability of reserve supply of soil profile moisture (M), in a given period varies under the influence of rainfall (P), runoff (S), percolation (U) and evapotranspiration (ET). (Sen) The equation for the balance of water is P = S  ± M  ± U + ET. Water budget studies have shown that evapotranspiration accounts for 75-80 percent of the rainfall, percolation accounts for 5-10 percent, and 10-15 percent of the rainfall contributed to increasing the moisture of the soil profile when there is no water going to run-off. Techniques used to balance water on an agricultural farm in the Thar Desert include improving infiltration, deep percolation, control of evapotranspiration, and harvesting run-off. Infiltration can be done by bunding, shattering of hard pan or preparatory tillage. Deep p ercolation can be improved by soil compaction. Improving the control over evapotranspiration can be established by control of evaporation. Harvesting run-off can be improved by inter-plot water harvesting or inter-row water harvesting. By improving the means of which water is budgeted can cause the water that is acquired to be used more effectively for farming practices instead of being acquired by the land where is becomes more difficult to obtain. Irrigation is a means of importing water in from another area and can be used in combination with water budgeting of the rain fall of an area. It is the main way that the people of the Thar support their agriculture. Between 1951 and 1980 there were at least 1,127 irrigation projects that were classified as major or medium that were taken up. Of the 1,127 projects 506 were complete, 17 were almost completed and the others were yielding partial benefits. (Prakash) There was a goal set to achieve 1,130 lakh hectares of grass irrigation potential which was the assessed target. This goal caused an increase in the development of policy for implementing irrigation projects. Irrigation projects have been going on in the Thar Desert long before the 1950s. The Gang Canal Project was started in 1920 and completed in 1928. The project consisted of the construction of a canal that would irrigate the north western part of Ganganagar and have a total length of 1,251 km in Rajasthan. The Bikaner Ca nal would feed into the newly constructed Gang Canal and potentially provide water to the extent of cultural command area (CCA) of three 07,692 ha. (Kuma) This is just one irrigation project that was created and currently still operating in the Thar Desert. Another irrigation project is the Indira Gandhi Nahar Pariyojana (IGNP). This projects main goal was to fetch the river water to the waste stretches of desert in western Rajasthan from the Himalayas. (Kuma) The water would be diverted in Punjab from the Hari-ke-Barrage and travel to Rajasthan. This project started in 1958; one of the 1,127 projects developed and was considered a partial irrigation facility in 1961. The project was separated into two different stages. The first stage focused on the 0-74 km of the main canal and stage 2 focused on the 74-189 km of the main canal. The completion of this irrigation project would potential bring irrigation to 15.85 lakh hectare of semi-arid and arid desert wasteland in a cultural command area spanning across four districts of the Thar Desert of Rajasthan, namely Ganganager, Bikaner, Hanumangarh and Jaisalmer. (Kuma) This project would help to irrigate almost the entire western side of Rajasthan by merely diverting the water from another a rea. In the area of Nagaroarkar, specifically the inland section, the Sind government set up experiments to try to improve water availability. These experiments took place between 1968 and 1969 and possibly could have been included in the 1,127 irrigation projects. The Sind government developed six flood irrigation schemes and four tank construction schemes, Gordharo Bhatiani flood scheme, Ranpur Basin-cum-Inundation Scheme, Surachand Flood irrigation scheme and Bhodosar, Tobiriyo, Nabisar and Ghartiara tanks. (Irrigation) These experiments were successful and provided water reservoirs in these inland sections of Nagarparkar. The reservoirs were used for multiple months after the initial water was stored. The success of these experiments showed that ideas such as these need to be replicated and applied to other areas and try to increase the performance of the ideas. (Agrican and Irrigation) Other areas in the Sind portion of the desert presented promising ideas for the improvement and development of water availability. One development was to repair the existing well and ponds that can be repaired and this action is suitable for the entire desert. A second development was to dig deeper wells and it is mostly suitable for areas along the aquifers in the central and eastern portion so the desert. A third development was to dig a canal from the Indus River which once completed would allow for more expansion of the canal system reaching a wider area. A fourth development was the collection of the rainwater in more effective ways specifically focused on the construction of reservoirs with supporting deep tube-wells. These four developments along with the expansion of the irrigation experiments were compiled in 1985 and fall into the three ways of obtaining water; rainfall, terrain and importing. So over the years since 1920 the development of irrigation projects and other mea ns of acquiring water availability has been an ongoing process. (Agrican and Irrigation) Besides irrigation systems there are also means of conserving what surface water is available from the rainfall. Surface water can be gathered in traditional nadis (small ponds), tankas (underground covered tanks) or khadins (water harvesting structures for agriculture). The nadis are one of the major sources of drinking water both for human and livestock consumption. The nadis are dug by villagers in locations that are deemed natural for catching water in higher yield potential. They are constructed to an optimum size, in dune areas from 1.5 meters to 4 meters and in sandy plain 3 meter to 12 meters, and their depth is typically to the zone of calcrete formation. The nadis are used for an entire village if possible and the water supply that is stored in them could last anywhere from two months to a year after the rains depending on the water usage of the villagers (Centre for Science and Environment). Tankas on the other hand might be owned by an individual family or by the communit y. Tankas are being replaced with pipe-water supplies now since they were mostly used in remote areas. (Dhir) Tankas are underground tanks that are built within a main house or the courtyard of a house. They are constructed during the winter and summer seasons when there is available labor since people are not needed for agricultural labor during these seasons. The tanks consist of a hole dug into the ground about ten feet deep that is circular and is lined with fine polished lime. The catchment area of about 30 feet radius is made sloping towards the tank inlet. (Jhunjhunwala) In the tank rainwater is collected by means of gravity and it the rain falls directly into the tank. To keep the water that is collected cooler, they decorate the tankas with tiles. The water that is collected in the tankas is used for drinking water only for a single family. The water stored in the tank can last for six to nine months. In years when there is less rainfall the tankas can be filled by transporting water from nearby wells and tanks. This means of collecting rain water is used mostly in areas far from ot her water sources. The positive effects of tankas include the women not having to leave the home to obtain water, there is an assured supply of water for domestic use, the construction of a tankas is cheaper than paying for water and having to transport it, and having a tankas can be considered a means of social respect. The main negative effect of tankas is that they take up land that could otherwise be used for agriculture. (Centre for Science and Environment) (Jhunjhunwala) Khadins are water harvesting structure used for agriculture. They are also known as dhora. Their purpose is to catch the surface runoff water. Its main feature is a very long (100-300m) earthen embankment built across the lower hill slopes lying below gravelly uplans. (Centre for Science and Environment) This allows the excess water to drain off and be gathered and used to on the land to assist with crop production. http://www.rainwaterharvesting.org/Rural/img/Khadins-img.jpg (http://www.rainwaterharvesting.org) Water management all comes down to the techniques used and if they are effective in that specific area and if there an opportunity to apply the technique to other areas or possibly improve upon the technique. Projects and experiments have been used to establish these techniques in irrigation but they have the potential to be used to discover and improve upon techniques to manage rain fall. One example of an improvement made to a technique that is already practiced is the modification of tankas. The modification consists of collecting rain water from the roof and by means of pipes transports it into the tank for storage and later use. This allows the land that would be used to construct the tankas can be used for agricultural use. (Jhunjhunwala) The water tank schemes that were tested by the Sind government were shown to be effective and tanks were implanted in other areas. The water tank is also known as johad and they provide water for both humans and cattle. They are constructed on public land and all of the people in the community have equal right to use the water in the johad, because of the common use of the johad they are often placed in areas not far from the majority of the people. To construct a johad the land has to be level and there must be clay soil so that the rain water will collect in the tank. The johad is made between January and June must be cleaned out every year as well. (Jhunjhunwala) The source of water supply can be categorized into the three main sources. These sources are rainfall, ponds and wells. In some cases there might be lakes of water also available. The rain water is collect in tarias (ponds) which only last about three to nine months. Tarais are short lived because of their size, the amount of rain water received, how fast the water is evaporating and how permeable the layers beneath the water are. The water that is contained in the tarais is fresh and used for domestic purposes of drinking and cattle watering too. Tarais are very common, in fact most villages has a tarai. Tarais also have a positive effect; their significant influence to the top seated aquifers, namely their water seeps slowly down to the ground water reservoir and freshens the brackish or saline in situ water, making it suitable for drinking and other purposes. (Irrigation) Due to this positive effect wells are often dug close to tarais. The wells are created to reach the water supply more effective. They provide almost 95% of the water that is required for an area. Wells that are built too shallow can cause problems through. They can turn brackish after time and this is a waste of money in the construction of shallow wells. (Agrican and Irrigation) The construction of a well consists of a wooden foundation in the bottom of the well in the shape of the wheel. The sides of the well are lined with green branches and brushwood in a wicker work formation. Depending on the localities in the interior of the well, such as wells between 40-100 meters, these well are lined with burnt bricks. (Irrigation) Since there has been no systematic hydrogeological investigation in the Thar Desert, there is no way of knowing if all the aquifers that exist have been discovered and put to use. Aquifers are part of the terrain aspect of obtaining water. Aquifers horizons have been assumed to exist and are grouped into three categories. The shallowest aquifers have a water table depth between a few meters and 20 meters. The medium aquifers have water table depths between 20 meters and 50 meters. The deepest aquifers have water table depths between 50 meters and over 100 meters. It is believed that the deep aquifer is present in the central and eastern parts of the Thar Desert and might be continuous or discontinuous with a mono or multi-layered structure. In most parts of the aquifer the water quality is fresh to slightly brackish but some parts of the aquifer are severely brackish and unfit for use. (Irrigation) Water in the Thar Desert is saris and a valued environmental resource. A great deal of effort has gone into designing developments, testing experiments and implementing projects to increase the water availability in the Thar Desert. The water is used for both domestic use and farming use for cattle and crops. Ideas and projects can always be built upon and improved to increase their effectiveness. Water management techniques can date back to at least the 1920s with the first project title but they occurred long before that time and they will continue to occur to support the Thar peoples way of life.

Society and Sexuality in Waiting for the Barbarians and The History of

Society and Sexuality in Waiting for the Barbarians, and The History of Sexuality  Ã‚   Within our modern minds reside two very different ways in which we deal with the subject of sexuality. The conceptual framework of modern society, to some extent, has developed out of past notions about the body. We can see that springing from our historical roots, issues concerning sexuality have been dealt with through mutual feelings of desire and disgust. The relationship between these two opposed feelings arises from a dual sense of our awareness of our sexuality. One direction we are pointed in, is to view anything sexual in content, as socially digressive. The other crosses to the opposite extreme. Sexuality is something which is talked about constantly, but usually not openly. We are also, in some ways, drawn by our sexuality to feel desire for our "other side"--the side which we do not show to many other people. Both of the poles represent aspects of a spectrum on which all of us lie, at once drawn to both extremes. The fact that we fall somewhere on that scale in the first place, points to another reason outside the reaches of the immediate family. The situation we are placed in as individuals of modernity, is an arena of pre-constructed rules and regulations regarding our sexuality. The doctrine of sex in our world has been determined by the actions and thoughts of past generations. We build upon their conceptual machinery to g enerate our own meaning within the world. The duality between desire and disgust, in relation to sexuality, is something which has been passed down to us through generations of social learning. In his book, The History of Sexuality, Michel Foucault presents evidence pointing to the connection between... ...nterest in the subject as a hidden part of human existence. The double mechanism of distancing one’s self and the desire to personally experience something, serves to formulate the ways in which we view our sexuality. Through the creation of this binary relationship, we as a society, have been taught that there are parts of ourselves which are off limits in normal discussion. To go past those lines is to travel in realms which hint of "perversion" or of experiencing an "alternate lifestyle". This societal creation tells us that some parts of our personality are ones which we should not explore, though we might be driven to. It is because of those drives, which exist in all of us, that we are forced to come to terms with ourselves, and what it means to be a part of our society. Works Cited: Coetzee, J.M. 1980 Waiting for the Barbarians Harmondsworth, Penguin.

Cosi Essay

Moreover, Nowra displays black comedy through the character’s uncouth and crude dialogue. The approach of a play within a play is used to mirror the life of Lewis within the play itself. It is only through the use of these structural techniques. It is only through the utilisation of such structural techniques that Nowra is able to accentuate the intensity and dramatic impact of Cosi The initial and most dominant structural technique used by Nowra to vividly and visually depict to the audience love and our compassion for ‘others’ in our society, is his use of structure in the text. Act one begins with the play opening in an old and burnt out theatre; theatre; this symbolises the presence of confusion and uncertainty in the atmosphere. However, the theatre undergoes a slow transformation for the characters as the rehearsals gradually progresses. The first act of the play is used to depict the relationship of the characters and their perception of the outside world, â€Å"Will outsiders see the show? † by asking this, Cherry acknowledges the difference between the world she exists in and the rest of society, distancing herself from the outside world and the people in it. Act one show the internal relationships of the characters, which eventually applies the dramatic impact. Moreover, the second act of the play is designed to portray the inner workings of the character’s minds. Nowra uses employs the technique of contrasting the two acts in order to not only show the transformation experiences by the characters, but to also show the two different perspectives of mental health in the 1970s. Thus, Nowra asserts through this technique that there are in fact two competing perspectives of mental health, one within the institution and also an ‘outside’ perception, hence challenging the characters own values and beliefs. *** It can be understood that Nowra uses the structural techniques of contrasting two acts, in order to show a transformation undergone by the characters and to show the inner working verses the outside perspective of mental health in the 1970s. They face their own challenges and values as they learn more about their own abilities. Nowra also demonstrates to the audience that these are ‘extraordinary people’ not judgmentally insane, â€Å"Cosi gave me something to think about, something to do, see I’m happy coming to this burnt out theatre†. Through the use of the two contrasting acts, the audience is Shown the character’s extraordinary change which is accentuated by the use of structural techniques such as the juxtaposition of the two acts, Which allows the characters to transform and finally â€Å"come out of their shells†. Nowra also uses dialogue to contrast characters and highlight to the audience that they are people worthy of viewing in a play. Nowra challenges the audience’s perception of mental health in the twentieth century when he introduces the character Doug, who is a ___(frail and broken young man who perceives life as ‘nothing more than a pile of crap’). Doug’s dialogue is direct and blunt but also intelligent and socially correct when he says _________________________________________________________ the way ‘outsiders’ deal with mental illness in the institution. His use of uninhibited directness highlights that the patients are not afraid to say what they are thinking and that what they are thinking is the same as a person in a broader society. â€Å"You’re not deaf are you? † this type of dialogue indicates that he knows how to behave socially, as he asks the right questions, in fact Lewis seems as if he is mental, hence why Doug asks if he is deaf. In the conversation with Doug and Lewis we see Doug asking questions, which seem to be inappropriate, Lewis ________________quote for when he uses synonyms_______hesitantly replies. Do you love her? , does she sleep around†¦. † From this we see that Doug has good mental agility, as his sequence of Questions are in fact, socially correct.. Moreover, Dough is portrayed as intelligent which is highlighted when he articulates synonyms for ‘location’ and ‘dwelling’. The directness comes at his question, â€Å"are you a poofta? † which ultimate ly gets the laugh from the audience; It is these uncensored, blunt and awkward lines that create the desired shocked but amused response from the audience. The Play within a play is a technique employed to mirror Lewis’ life with the words of an opera and escalate the desired dramatic response by Nowra. When mirroring Lewis’ life, Nowra touches on the theme of love and compels the audience to assess their own attitudes to love at the conclusion of the play. We are encouraged to empathise with the characters as they discover the value of love and loyalty. (Find a quote research play within a play. ) â€Å"What is going to happen to the couples in the future: a life of torment and adultery†. Nowra purposely draws on the consequences of immorality through Zac to show the generalisation on the modern world, towards the end of the play this statement ironically contests’ the final events of Cosi fan tute. Another effect that the play within a play acts as is a filter which allows the audience to see the issues of the external world through the behaviours of the characters. Nowra anticipates the audience to tap into the worries and dilemmas that they face from the actors, â€Å"It’s just that in here you miss out on a lot of changes in society’s morals†. The audience are also involved in the actor’s reality and are able to relate to their lives and reconsider and redefine their own morals and values. Consequently, the audience are drawn into the play to such a real level that they are affected by the character’s problems, feelings, motivations and search for reality. Thus, the technique of mirroring the character’s lives creates a surreal and realistic impact on the audience, hence heightening the vivid effect of Cosi. In order to create an intense and dramatic impact of the play, Nowra utilizes various structural techniques throughout Cosi. The use of two contrasting acts displays the transformation of many significant characters and invites the audience to the concept of transformation of the individual. Moreover, the frank and straightforward dialogue assigned to the characters prove to the audience that Cosi is a play worth viewing and create the desired ‘shock’ response by the audience. Furthermore, Nowra scripts a ‘play within a play’ to compare and contrast the parallel between the play and the lives of the characters, thus extending the dramatic impact of Cosi to each member of the audience.

Unconscionability as the Basis of Rendering a Contract - Free Essay Example

Sample details Pages: 9 Words: 2560 Downloads: 1 Date added: 2017/06/26 Category Law Essay Topics: Contract Law Essay Did you like this example? ASSIGNMENT à ¢Ã¢â€š ¬Ã…“Discuss whether the doctrine of unconscionability is appropriate to form the underlying basis for a claim of voidable contract on the ground of undue influenceà ¢Ã¢â€š ¬Ã‚  TABLE OF CONTENT Introduction Common Law Countriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Position England Australia Canada Malaysiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s position Conclusion Bibliography Introduction According to the Contract Act[1], in section 16(3) when a person entered into a contract with a person who has the position to dominate the will of another, and the transaction appears to be unconscionable, the burden to prove that the contract is not by undue influence lie on the person who has the will to dominate another. Here, it seems that the act was saying the unconscionability is an element of undue influence. However, do the doctrine of unconsionability can be regarded as an underlying basis of the Undue Influence? Doctrine of unconscionability is application of consent based obligations, where someoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent to bargain was only procured through external pressure that another person exploited. Basically, unconscionable contract is held unenforceable because no reasonable person would agree otherwise to it. The perpetrator is not allow to benefit, as the consideration is lacking, and to enforce the contract will be unfair. For the defe nce of unconscionability to apply, contract has to have been unconscionable, that later, the circumstances make the contract irrelevant Unconscionability is understood by jurists as a doctrine used by the court of equity to correct menà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscience against unconscionable. Until now, inspiring writings and discussions have been made concerning the supposed or probable definition, description, criteria and application of the doctrine Undue influence is the use of power or influence by one person over another in such a way that the stronger party acquires a benefit, either for himself or for some other person.[2] The equitable construct of fiduciary relationships is associated with the doctrine of undue influence, which is distinguished from duress, the threat or use of excessive force. Cases of undue influence are founded upon the principle that one party is in a stronger bargaining position,[3] or has superior knowledge, or superior mental capacity than the other, weaker party who, as a result, relies on the stronger party. Common Law Countriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Position For the purpose of this assignment, I will firstly discuss the position of the Common Law countries, which are England, Canada and Australia on the use of doctrine of unconscionability as the basis of undue influence. England In cases of undue influence, a relationship exists where one party owes the other an obligation of candor and protection, where the former acquires over the latter a measure of influence, of which the ascendant person then takes unfair advantage. Allcard v. Skinner,[4] took place in the religious climate of nineteenth century England.Back then courts themselves had only recently been reformed then, the case highlighted the growth of undue influence in the nineteenth century as a factor which could spoil a contract. In the case, Miss Allcard gave virtually all her money to a religious sisterhood who devoted themselves to works of charity. Mis s Allcard became a sister and left the sisterhood and waited six years before she initiated action for the return of her money. After the trial judge held for the defendant, the case was appealed by raising two questions: (1) whether the gifts were revocable; and (2) if so, whether revocation was competent years after leaving the religious order. Although the majority of the Court of Appeal dismissed the appeal, the enunciation of the equitable rule of undue influence became a vital doctrine. In another case, Earl of Chesterfield v. Janssen[5] involved an unfair agreement for the sale of an inheritance expectancy by an improvident young heir. à ¢Ã¢â€š ¬Ã…“no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other.à ¢Ã¢â€š ¬Ã‚  That view has been echoed in England.à ¢Ã¢â€š ¬Ã‚ Thus here, it can be conclude that England does agrees that the doctrine of unconscionability is the requirements of Undue Influenc e. Australia The Australian position commencing with the established High Court decision of Commercial Bank of Australia Ltd v Amadio[6]. Amadio involved two plaintiffs who were elderly migrants with limited knowledge of English and lack of understanding of guarantee documents proffered by the bank, a circumstance that court described as a à ¢Ã¢â€š ¬Ã…“special disability.à ¢Ã¢â€š ¬Ã‚  Amadio has been accepted as stating the law on unconscionability in Australia, as the court in Gregg v Tasmanian Trustees Ltd had held, à ¢Ã¢â€š ¬Ã…“at least, the emergence from the shadows of this ground of equitable relief has relegated the doctrine of undue influence to a position of relative unimportance.à ¢Ã¢â€š ¬Ã‚  The reasons given by the House of Lords for rejecting the case based on undue influence in National Westminster Bank Plc. v. Morgan that unconscionability as an independent ground of relief does not appear large on the English scene[7]. Unconscionability and undue infl uence overlap, the latter being more limited in scope, concerned as it is with the exercise by the contracting party of an independent and voluntary will.[8]While undue influence has been demoted to a position of relative unimportance in Australia, has an unmistakably defined doctrine of unconscionability. Thus, it may be concluded that in Australia, doctrine of Unconscionability is not the basis of Undue Influence as it stands alone. Canada In Canada, an evolved doctrine of unconscionability ought to identify material distinctions and similarities with the doctrine of undue influence. Otherwise, a blurred distinction might have a deterring effect. For example, one difference is the obligation of a party to refute undue influence where that incident exists by inference or presumption, as opposed to the evidentiary burden on a party pleading unconscionability to show there has been an improper use of power on the facts. The influential case on unconscionability was Fry v. La ne[9] and, although it was decided in 1888, over a year after Allcard v. Skinner,[10] Fry did not mention Skinner in the law report. Fry v. Lane considered future interests, setting set aside a deed taken from a poor and ignorant man at a considerable under value, the vendor having no independent advice. In the case of the equitable doctrines of undue influence and unconscionability, both are said to be à ¢Ã¢â€š ¬Ã…“separate and distinct doctrines with closely related principles,à ¢Ã¢â€š ¬Ã‚ [11] both are separate causes of action, leading to the equitable remedy of rescission. Cases of unconscionability, however, often contain elements of undue influence[12] and the doctrinal distinction is blurred. In Canada, undue influence remains universal compared to unconscionability, but the distinction is unclear. For example, it was stated in MacKay v. Bank of Nova Scotia, that à ¢Ã¢â€š ¬Ã…“unequal bargaining power, together with an unfair contract, create a presumption of un due influence.à ¢Ã¢â€š ¬Ã‚ [13]This statement is at odds with the earlier statement in Norberg v. Wynrib that the à ¢Ã¢â€š ¬Ã…“doctrine of unconscionability and the related principle of inequality of bargaining power are evolving.à ¢Ã¢â€š ¬Ã‚ [14] In conclusion, the boundaries between undue influence and unconscionability have been shifting or evolving, arguably affecting the standard of judicial decision making. While successful cases of unconscionability appear less frequently, the doctrine appears broader in scope than does undue influence. However, for now, the distinction remains unclear, resulting to a very wide interpretation of the doctrines. Malaysianà ¢Ã¢â€š ¬Ã¢â€ž ¢s Position In Malaysia, the doctrine of unconscionability is considered as still at its infancy but the awareness of the existence of this doctrine seems to be gaining ground. Section 16(3) of the Contract Act placed unconscionable as a mere part of proving undue influence. The Privy Council de cision in an Indian case of Poosathurai v Kannappa Chettiar,[15] observed that an agreement is considered `unconscionable when the lender is in a position to dominate the will of the borrower, and the bargain was `unconscionable within the meaning of s 16(3).. The decision in Poosathurai was further reaffirmed by Visu Sinnadurai J in Polygram Records Sdn Bhd v The Search Anor[16]. Malaysian courts are grappling with arguments based on inequality of bargaining power amidst the statutory provision on undue influence in the Contracts Act 1950. In Saad Marw[17]is case, the Court of Appeal had adopted a different approach. Gopal Sri Ram JCA started his judgment as follows: This is an important case. It has to do with whether our jurisprudence recognises a doctrine of inequality of bargaining power independent of the well-established doctrine of undue influence. This is the first time, at least as far as I am aware, that this issue has come up for decision at the appellate level. T he appellant, a farmer, had rented some land from the respondents (the leased land) from which he harvested coconuts. The appellant also held two pieces of land (the property) by prescriptive rights under the land law in force in Penang at the material time. This meant that the appellants title was defeasible and this defeasibility was confirmed by an indorsement on the title Then, he entered into agreement with responded, but the agreement is in English, and had deceived him. The appellant purported to terminate the agreement with the respondents. The appellant defended the action on a ground that the agreement was vitiated by undue influence.The trial judge rejected and the appellant appealed against the order of the trial judge. On appeal, the appellant argued that while the trial judge was entitled to reject the defence of undue influence, he ought to have held that the appellant had established a case of unfair advantage under section 21(2)(a) of the Specific Relief Act 1950 [18].According to the Court, this brought to focus the doctrine of inequality of bargaining power falling short of the proof of undue influence under section 16 of the Contracts Act. With this, the Court went on to consider whether Malaysian law recognises a general doctrine of inequality of bargaining . The Courts reference to both the doctrine of inequality of bargaining power and the doctrine of unconscionability in Saad Marwis case, read literally, would mean that the Malaysian position is wider than the English position where Lord Dennings attempt to invoke the principle of inequality of bargaining power to set aside transactions in Lloyds Bank Ltd v Bundy[19] was clearly rejected by the House of Lords in Westminster Bank Plc. However, in Canada, Lord Dennings principle of inequality of bargaining power has remained an important element in the development of unconscionability even after its rejection in the United Kingdom This has resulted in the Canadian doctrine being a fl uid and flexible one, and as described by Gopal Sri Ram JCA in Saad Marwis case, one which achieves practical justice.Some legal commentators suggest that à ¢Ã¢â€š ¬Ã…“the doctrine of undue influence is about impaired consent, not about wicked exploitation.à ¢Ã¢â€š ¬Ã‚ [20] A blurred distinction between undue influence and unconscionability exists, however, to the extent that recent cases on unconscionability restate the doctrine with a à ¢Ã¢â€š ¬Ã…“kind of legal shorthand expression.à ¢Ã¢â€š ¬Ã‚ [21] Whether it is possible for unconscionable bargain or transaction to exist separately from the doctrine of undue influence? Apparently, there are several Malaysian cases that provide this answer in positive. The early case of Chait Singh v Budin b Abdullah[22], showed how court was willing to justify the existence of unconscionable bargain on the basis of the position of the parties, without the need to prove the requirement under section 16(1). This case apparently suggest s the independency of the doctrine of unconscionable bargain from the doctrine of undue influence in s 16. Gopal Sri Ram JCA suggests in Saad Marwi v Chan Hwan Hwa Anor that it is possible for Malaysia to import the wider doctrine of unconscionability independent of the doctrine of undue influence into the Malaysian contract law. The proposed wider doctrine is according to the English doctrine but tailored to the broad and liberal Canadian way because of the vulnerability of many Malaysians in matters of commerce and of the insufficiency of statutory protection afforded to Malaysian consumers. It is worth to point that Saad Marwi is held in Koh Yen Bee to be correctly decided based on the merits of the case. There is the possibility that Saad Marwi and Koh Yen Bee have looked at the doctrine of unconscionability from a narrow perspective. However, towver, Hbnusshe Court of Appeals decision in Saad Marwi v Chan Hwan Hua Anor [2001] 3 CLJ 98 has brought Malaysia nearer to this front in its recognition of a wider doctrine of inequality of bargaining power and the adoption of the English doctrine [of unconscionability] but apply it in a broad and liberal way as in Canada. Conclusion Unconscionability as an independent doctrine or as a doctrine of wider application is still at its infancy despite the historical evidence that it had been used to correct mens conscience in cases involving equitable frauds. There were several setbacks in its growth, which was hindered particularly by the common laws adherence to the doctrine of freedom of contract and the will theory. Even though the purpose of the doctrine is different from freedom of contract, it contributes towards ensuring security of the contract. 1The fact that the word unconscionable itself is in the Contract Act showed that the legislative wanted it to be a part of the doctrine of Undue Influence, either as a basis or as an element. However, based on the decision by the cases, Doctrine of unco scionability can also be a separate element from undue influence, being an independent equity itself. It is up to the court to interpret the law in section 16(3), and to really draw a line between unconscionability and undue influence. However, for now, the doctrine of unconscionability is appropriate to form the base for a claim of voidable contract (according to section 20 of the Contract Act) on the ground of undue influence but, it is still open for wider interpretation and alteration. BIBLIOGRAPHY TEXT BOOKS Don’t waste time! Our writers will create an original "Unconscionability as the Basis of Rendering a Contract" essay for you Create order Cheong May Fong, Contract Law in Malaysia (Malaysia, Singapore, Hong Kong: Sweet Maxwell, 2010) Sinnadurai, Visu, Law of Contract, 4th ed (Butterworths: Lexis Nexis, 2011) Guest, AG (ed), Chitty on Contracts, Volume 1, General Principles, 31st ed (London: Sweet Maxwell, 2004) JOURNALS Sykes, N. A. Deakin University.à ¢Ã¢â€š ¬Ã‹Å"Unfairà ¢Ã¢â€š ¬Ã¢â€ž ¢ results and unfair doctrines: Structuring the application of the equitable doctrines of undue influence and unconscionable dealing. Retrieved on 28th March 2014 Low Hang Yen, Malayan Law Journals Article. Unconscionability As A Ground For Withholding Payment In Demand Guarantees: Should The Exception Be Extended To Letters Of Credit?(2008) Retrieved on 28th March 2014 Black. J. A.Undue Influence And Unconscionability In Contracts And The Equitable Remedy Of Rescission In Canada. Retrieved on 28th Match 2014 Cheong May Foong, Malayan Law Journal Article; A Malaysian Doctrine of Inequality of Bargaining Power and Unconscionability after Saad Marwi. (2005) Retrieved on 30 April 2014 ACTS Act 137 Act 136 [1] Act 136 [2] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary 743 (3d ed. 2006). [3] Business Dictionary, Inequality of bargaining power, ://www.businessdictionary.com/definition/inequality-of-bargaining-power.html [4] [1887] 36 Ch.D. 145 (Eng.). [5] 28 Eng. Rep. 82 (Ch. 1750). [6] (1983) 151 CLR 447 [7] [1985] AC 686 [8] Gregg v Tasmanian Trustees Ltd., (1997) 73 F.C.R. 91 (Austl.) (citing Sir Anthony Mason, The Place of Equity, 110 L. Q. Rev. 248, 248 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 9 (1994)). Sir Anthony authored this article long after his judgement in Amadio, but before he retired in 1995 as Chief Justice of the High Court of Australia. [9] [1888] 40 Ch. D. 312 (Eng.). [10] [1887] 36 Ch. D. 145 (Eng.). [11] Morrison v. Coast Finance Ltd., [1965] 54 W.W.R. 257 (Can.). [12] Floyd v. Couture, [2004] A.J. No. 377, n.98 (Can. Alta.). [13] 1994] O.J. No. 2498 (Can.). [14] [1992] 2 S.C.R. 226 (Can.). [15] (1919) L.R. 47 Ind. App. [16] [1994]3 MLJ 127 [1 7] [2001] 3 CLJ 98 [18] Act 137 [19] [1975] QB 326 [20] Birks and Chin, On the Nature of Undue Influence Good Faith and Fault in Contract Law (Beatson Friedmann eds. 1995). [21] Smyth v. Szep, [1992] 2 W.W.R. 673, 681 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 2 (B.C.C.A.) (Can.). [22] (1918) 1 FMSLR 348